Dealing With Mortgage Problems if the Lender Refuses to Negotiate

A major mortgage problem that most people are faced with is foreclosure. Foreclosure happens to millions of people every day and if you want to avoid having a foreclosure in your credit report, you might as well take immediate action.

The best thing that you can do to avoid a foreclosure is to negotiate with the mortgage lending company. However, there are some instances when your lender refuses to negotiate. In such cases, you should consider taking other actions that may prevent or minimize the impact of a foreclosure.

File for Bankruptcy

Bankruptcy refers to the financial situation when you cannot pay your debts because your creditors or lending companies have all your assets tied up. If you file for bankruptcy, this technically means that you are not capable of paying for your mortgage debts.

In general, filing for bankruptcy can help you keep your home for some time or it can help you prevent your mortgage company to take legal actions against you. The moment you file for a bankruptcy status, the “automatic stay” statute is enforced. This means that the foreclosure process will be temporarily stopped and it cannot be processed until your mortgage lender gets court permission to “lift the stay”. Moreover, the “automatic stay” statute will remain effective for as long as your bankruptcy case is still in effect.

On the contrary, bankruptcy cases will terribly bring negative consequences to your credit report. It may prevent you from getting another mortgage or getting other forms of loans. Such bad credit records will appear in your credit report for at least ten (10) years.

Sell Your House

In cases where you think that your financial shortcoming will last for several months or even a year, you may consider selling your house. Selling your house not only prevents a foreclosure. It can also help you deal with your debts and eventually have some spare money for rental fees.

You can opt to sell your house if you know that the value of your house has increased. Most of the time, you will know that your house value has appreciated if many real estate agents are bargaining for your house.

If you opt to sell your house, be sure to contact your mortgage lender first. He may be willing to help you make the sale arrangements or he may be able to recommend potential buyers or agents that can make the sale easy for you.

Deed in Lieu of Foreclosure

If you think that you will find it hard to sell the house, you can opt to contact the lender and ask him to take the deed and your house before your mortgage debt ends up in a foreclosure. This is highly appropriate for you if you have not missed three (3) or more monthly payments.

In such cases, the lender may agree to a “deed in lieu of foreclosure”. This means that the lender will take the deed and actually sell your house. However, they will not declare your debt as a foreclosure. As such, no bad credit record will appear in your credit report and you can ultimately find it easy to find another mortgage for a new home.

Real Claims and Consumer Credit Claims are a group of solicitors dedicated to miss sold loans and payment protection insurance .

Posted under Finances by BenedictSmythe on Thursday 4 September 2008 at 11:45 pm

What You Can Do in Order to Avoid Foreclosure

Foreclosures can really be very painful. Losing your home can be very devastating especially if you have already spent years paying for your mortgage. Also, a foreclosure can terribly affect your credit score. Once you have a foreclosure in your credit record, it may be impossible for you to get another home loan.

If your house is foreclosed, your lender will evict you and eventually sell the house you have worked hard for. Moreover, if the sale price does not cover all your home loan debts, the lending company may ask you to pay for the rest regardless of the fact that you already lost your home.

As such, before you actually end up in a foreclosure, you might as well take immediate action once you notice that your mortgage debt starts to pile up. The moment you realize that you are finding it hard to pay for your monthly house payment, you should immediately contact your lender.

Dealing with Your Mortgage Lender

Foreclosure is a common scenario all over the country. More or less, twenty per cent (20%) of all the people who avail of mortgages end up in foreclosures. If you do not want to be one of them, inform your lender right away.

Note that most mortgage lenders are willing to negotiate. Most of them will want you to keep your home as much as you do. Foreclosure is a very complicated process not only for you but for the mortgage lender as well. As soon as your house gets foreclosed, they will have to resell it. In some cases, they even have to spend for the house refurnishing so they can sell it. Finding a buyer for a foreclosed home may be difficult as well.

In dealing with your lender, you have to keep in mind that preventing a foreclosure is actually beneficial not only for you, but for your lender as well. However, you have to note that you should not wait for a foreclosure announcement or for three or more missed payments before you talk to your lender.

Proposed Solutions to the Lender

Forbearance

You can ask your lender to give you a definite time period to deal with your financial setback. During this period, ask your lender if he can allow you to make a reduced monthly payment. In some case, you can even ask the lender to let you skip some payments. However, note that every skipped or reduced payment should be paid after the forbearance period. This solution is applicable if you are experiencing a temporary financial setback and you are sure that you will eventually get tax refunds, payments, and other forms of monetary support in the months to come.

Loan Reinstatement and Modification

This means that your credit agreement may be modified. Your lender may agree to set a specific date where you should pay all your debts. Aside from setting a specific due date, the lender may also agree to modify the payment terms of your mortgage. This may result to a reduced monthly payment made on a longer payment term or you may also propose to convert your mortgage into a fixed rate instead of an adjustable rate mortgage.

Real Claims and Consumer Credit Claims are a group of solicitors dedicated to miss sold loans and payment protection insurance .

Posted under Finances by BenedictSmythe on Thursday 4 September 2008 at 11:38 pm

Why Collectors Cannot Sue You For Time-Barred Debts

There are moments when you are faced with a financial setback and debts may have invaded your thoughts. You may have problems with your mortgage, your car payments, your monthly utility bills, your family’s medical emergencies, and other expenses. In such cases, you may actually feel bombarded with financial problems.

Before you suffer a nervous breakdown, it will be much better if you analyze your debts first. The first step in a debt recovery plan is to examine which among your debts should be prioritized. In analyzing your debt priorities, you should realize that debts should be in your top list of settlement if you will end up in foreclosure, repossession and negative legal consequences. However, if you have time-barred debts, you should eliminate them from your priority list.

What is a Time-Barred Debt?

List down your debts according to the date you acquired each of them. Put the recently acquired debts on the top and the old debts at the end of your list. Once you have determined which debts are old, examine if they are time-barred.

Some debts actually have expiration dates. This means that collectors or lenders of these debts cannot file a lawsuit against you in order to collect your payments for the debt you owe them. The debt collector has a limited number of years to collect your debts or to sue you for a missed or unpaid debt.

The Statute of Limitations

The statute of limitations is the state law or regulation that limits how many years a debt collector or a lending company can claim for an unpaid debt or go after a borrower. This law states the actual time period when a creditor can file a law suit and take other legal actions against someone who has failed to pay for his financial obligations.

You have to note that the statute of limitations is different from state to state. It may also vary for various kinds of debts and various financial capabilities of borrowers. In addition to that, the time period may also be extended depending on the financial claims and agreements between the creditor and the borrower. The usual range is three (3) to ten (10) years.

Is Your Debt an Open- or Closed-End Credit?

The first step in identifying the statute of limitations for your debt is to classify it. Determine if the debt is an open-end or closed-end credit. Usually, debts that are closed-end have shorter time limits.

Open-end credits refer to those credit or debt accounts, which you can use repeatedly. The most common example of this is your credit card debt. Note that you can use your credit card to make debts over and over again. In open-end credits, the time period starts the moment your first payment for the debt is due.

On the other hand, closed-end credits refer to those debt accounts that you use for a single purchase or a one-time transaction. These include debts such as your mortgage, your car loan, or your emergency loan. The payments for this type are fixed in terms of amount and regularity. The time period for these debts starts on the loan’s maturity date or due period.

Real Claims and Consumer Credit Claims are a group of solicitors dedicated to miss sold loans and payment protection insurance .

Posted under Finances by BenedictSmythe on Thursday 4 September 2008 at 11:31 pm

Know the Limits of Repossession

Repossession is always a dreadful event. You may now be financially stable in general but once you are faced with monetary setbacks, you may fall behind your loan payments. When you do not pay your loan on time or in full, your creditor can take the properties that you used as collateral for your loans. They can do so without the need for a court judgment.

However, you have to note that not everything can be repossessed in case you fail to pay your loans on time. There are some possessions that lenders cannot take even if you used the loan to purchase properties. However, they can always sue you.

Properties that can be Repossessed

Your Home

When foreclosure occurs, the lender can repossess your home. Since you purchased your home using a mortgage, your home is actually the collateral for your loan. As such, if you do not pay for your mortgage payments, the lender can evict you and sell your home.

Your Car

If you have a car loan from a dealer or a bank to purchase your car, you actually have given the creditor the right to automatically repossess the vehicle if you fail on your installment payments. The lender can sell your car. Worse, if the sale price cannot cover your loan balance, the lender can ask you to pay for this balance notwithstanding the fact that you have lost your car.

Items that were Purchased with Rent-to-Own Arrangements

Any item that you acquired through a rent-to-own agreement is considered the security or collateral for the debt. The examples of these items are furniture, appliances, and tools. If you fail to pay for the “rent” on time, the lending company can easily repossess the rent-to-own items.

Off-Limits to Repossession

Non-Collateral Properties

Anything that you did not declare as security or collateral for a loan cannot be repossessed. For example, you have a car loan and a home mortgage from a lending company. Now, if you fail to pay for the car loan but you were able to pay on time and in full for the monthly house payment, the company can repossess your car but cannot take possession of your house.

Properties that You Purchased Using Your Unsecured Loans or Your Credit Card

If a loan is unsecured such as a payday loan or a credit card debt, this means that you did not declare any property as collateral for that loan. As such, according to the credit agreement, no property can be repossessed once you default on your loan payment. Regardless if you used the money to purchase home appliances, furniture, and other properties, the lender cannot take possession of anything.

Collateral for Unenforceable Credit Agreements

If you have properties that you declared as collateral for credit agreements that are otherwise unfair or unreasonable, you can actually ask your lawyer to review the contract. In some cases, credit agreements can be declared as unenforceable contracts. This means such contracts cannot be implemented since they do not comply with your state’s legal statute. They can be classified as void and you may not suffer from repossession.

Real Claims and Consumer Credit Claims are a group of solicitors dedicated to miss sold loans and payment protection insurance .

Posted under Finances by BenedictSmythe on Thursday 4 September 2008 at 11:22 pm

Debt Priorities: Which Debts Should Be Repaid First?

If you are having a financial setback and faced with many debts, one way to ease your financial burden is to prioritize payment of your debts. Take note that some debts are more essential than others. Thus, you should pay immediately the essential debts and the less essential ones later, lest you suffer other serious consequences.

House Fees

If you are renting a house, do not let your rental fees slide. You have to make your rent as a top priority unless you are ready to move out of the house and actually have a new house to move to. Keep in mind that it is not easy to find a new house and to move all your belongings once your landlord decides to let you go.

In case you are paying monthly mortgage, you have to prioritize it if you do not want your house to be repossessed or foreclosed. However, you can also consider selling your house to someone willing to take over your mortgage. In analyzing whether to sell your house or not, you should carefully compare your mortgage payment to the rental fees. You have to take into account that selling your house means giving up an investment that you have worked hard for.

Utility Payments

Other than the roof over your head, housing utilities are necessary for comfortable living. These utilities include electricity, water, telecommunication, and gas. If the utility companies cut their services because you fail to pay your bills, you will definitely suffer. Living in metropolitan areas makes these utilities absolute necessities.

Child Support

This is essential since this is your responsibility as a parent. Lapsing on child support may result to your child’s dropping out from school, malnutrition, and other far worse consequences. Moreover, child support debts neither expire nor get invalidated once you file for bankruptcy. Such is a responsibility that you cannot escape from. You have to realize that if legal actions are taken against you, you can immediately end up in jail.

Tax Files

You have to pay your taxes on time. If your tax debts pile up, the IRS can actually take all of what is left in your bank account and your paycheck. And if these are not enough to cover all your tax debts, the IRS can also take your house and other properties.

Car Payment

A car payment is considered an essential debt only if you absolutely need your car for your job or for your day-to-day living. If not, you have to consider selling your car before it can be repossessed. Once you sell you car, you can use the money to settle your other debts and buy a cheaper car.

Secured Loans

If you have loans secured by your house, car, or other important properties, you have to prioritize paying these loans. Keep in mind that creditors can easily take these properties. They can also sue you. You will end up with getting court judgments and bad credit reports. Repossession and missed payments can appear in your credit report for seven (7) to ten (10) years.

Real Claims and Consumer Credit Claims are a group of solicitors dedicated to miss sold loans and payment protection insurance .

Posted under Finances by BenedictSmythe on Thursday 4 September 2008 at 11:20 pm

Why Self-Help is Required For Credit Repairs

Negative credit reports and very low credit scores will impair people’s ability to avail of mortgages and other types of loans. As such, many people will try to find ways to instantly repair their credit reports.

Due to the popular demand for credit repair, credit repair services companies have mushroomed all over the country. More often than not, they claim that they can actually repair the credit reports of people with bad credit. They also claim that they are capable of erasing negative reports, including bankruptcies, judgments, liens and bad loans. Such claims are not entirely true.

The Reality Behind Credit Repair Services

The best service that a credit repair services company can provide is repairing your credit report only if it contains inaccurate or incomplete information. However, you can actually do this all by yourself. You do not need to pay thousands of dollars for the credit repair services to do this for you.

Also, credit repair services can offer you finance counseling. They can give you advice on how to build a positive credit record in a short time. An example would be advice on how to prepare your personal debt repayment plan.

Other than these services, credit repair services companies cannot do anything more for your credit report. So, you have to be wary of many companies that victimize a lot of people with bad credit. Below are some of the practices of fraudulent credit repair services companies:

a. They will ask you to leave all the work to them. They will not inform you about your legal rights and their process of repairing your credit.

b. They will ask you not to contact the credit report company by yourself. They will offer their agents to liaise for you.

c. They will ask you to do something illegal, like creating a new credit identity or a new credit report.

d. They will ask you to pay first before they start rendering their services.

Know Your Rights

You or any credit repair services company cannot remove accurate, complete and timely information from your credit report, even if it reflects a bad credit or it adversely affects your credit-worthiness.

According to the Fair Credit Reporting Act (FCRA), all that you can do is ask for an investigation regarding incomplete and inaccurate information in your file. You have to realize that once you request a copy of your credit report, all the credit report companies (Equifax, Experian, and TransUnion) will provide you a free copy each. You can request a copy and eventually check if the report is correct, once a year.

Now, if you find the report inaccurate or incomplete, you can actually file a dispute and ask the consumer reporting company and the credit information provider to correct their mistakes. All you have to do is contact these companies and send a written complaint to each of them. With your continuous follow-up, they will be obliged to investigate, correct their mistakes, and file a new credit report for you. Note that under the FCRA, these credit repair services are all free of charge.

Real Claims and Consumer Credit Claims are a group of solicitors dedicated to miss sold loans and payment protection insurance .

Posted under Finances by BenedictSmythe on Thursday 4 September 2008 at 11:13 pm

Using Personal Finance Software to Manage Your Finances

These days, computers have really improved our way of living, primarily our systems of communication. Other than that, they also play an important role in financial analysis and management.

Before the advent of computers, people had no choice but to rely on financial advisors and bankers for advice on managing their personal finances. Those who found financial management as a burden had to consult finance experts who charge very high fees. However, some personal finance software that has recently been developed has become alternatives to the bankers and financial advisors.

The Benefits of Using Personal Finance Software

Personal finance software is used by many financially-confused people these days because this software is really affordable and very useful. There are many of this software that is available in the Internet. Some even come as complements of the more popular personal finance books. Several of them can be had for less than a hundred dollars ($100.00). Moreover, people have come to realize that this personal finance software is actually more affordable than bankers and financial counselors.

This personal finance software is considered long term investment. One only has to pay a one time purchase fee and he will not need to worry about his personal finance management for years to come.

Moreover, this software is actually very easy to use. Contrary to the common notion that this software is complicated and that they require in-depth information technology knowledge, they are actually very user-friendly. They were actually developed to cater to non-technical users.

This personal finance software is automated. When installed properly in your computers, they can be used within the comforts of your homes to balance your finances, pay your bills, monitor your investments, manage your accounts, and for other purposes. You can even program your software to create detailed budget plans on a regular basis.

Choosing Your Personal Finance Software

Before buying your own personal finance software, be sure to carefully analyze your needs first. Note that this software have varying uses and capabilities. You have to make sure that you first prepare a list of all the functions that you expect from a personal finance software.

Although most of this software can help you manage your personal finances, you may need specialized types that can actually meet your unique needs. Some software is made to cater to people who are employed, while others are made cater to self-employed people.

There are some simple personal finance software that can produce narrative reports, while other more sophisticated software can produce charts and detailed financial statements. Moreover, some programs are limited to investment and finance management, while others which are more advanced enough can handle tax filing. Examine all the qualities and functions that you need and use them as basis for your choice of software.

In choosing a personal finance software, you will also have to check the system requirements, aside from the software’s functionalities. Note that there is software that is based on Windows operating system, while others run on other operation systems. Consider the specifications required as well.

Real Claims and Consumer Credit Claims are a group of solicitors dedicated to miss sold loans and payment protection insurance .

Posted under Finances by BenedictSmythe on Thursday 4 September 2008 at 11:06 pm

Avoiding Mortgage Mistakes

Buying your very own house is always a very momentous occasion. You can get very excited which often results to carelessness. Oftentimes, people who get their very first mortgage make too many mistakes. These include buying houses one cannot really afford, being house poor, and getting mortgages with very high interest rates.

In looking for your very first home, you should always avoid mistakes in mortgaging. Such mistakes can be very expensive, running to thousands of dollars, and cannot be easily fixed. A mistake may drag on for years before it can be fixed, if it can be fixed at all. As such, here are some tips that to consider to avoid mistakes in mortgaging.

Examine Your Financial Capability

Before you get your first mortgage, be sure you are financially capable of buying a house. Note that mortgages are long term financial commitments involving heavy doses of monthly house bills.

To determine if you are really capable of buying your house, check your monthly budget first. Analyze your income to expense ratio. Be sure you list down all your regular and expected monthly expenses. Also, make allowances for contingency expenses, such as medical emergencies, car repairs, etc. Always provide an amount for desired monthly savings. Add these all up and compare the total to your expected monthly income. Are you well covered? You are only capable of getting a mortgage if your monthly income exceeds your total monthly expenses by at least twenty-five per cent (25%).

Determine Your Target Monthly House Payment

Once you have computed your income to expense ratio, determine how much monthly house payment you can actually afford. You have to ask real estate agents or mortgaging companies about the average monthly home mortgage payments. Do not forget asking about real estate taxes, mortgage insurance (if applicable), and homeowner insurance. Always factor in allowances for home repairs and refinishing.

Analyze the Pros and Cons of Getting a House

Once you have a good grip of the expected expenses for home mortgages, reassess your plan to buy your own home. Carefully examine the pros and cons of buying your very own home. Meticulously compare the costs of buying and maintaining a new home and those of just renting one. Also, examine the amount of rent as it relates to the monthly house payment, house repair, and other related expenses. Consider also the prospect of having your very own house as just an investment. Ask yourself if you really are capable of getting your own house? Do you really want one?

Check Your Credit Report

Now, if you opt to buy a house because you are convinced that you are ready, check your credit report. Make sure that everything written in it is accurate and complete. Any incorrect information may adversely affect your mortgage approval.

In case you have a bad credit history, such will adversely affect your ability to get a mortgage. If you are lucky to get a mortgage, it will likely be one with a very high interest rate. If you have a very low credit score, consider getting a mortgage some other time.

Real Claims and Consumer Credit Claims are a group of solicitors dedicated to miss sold loans and payment protection insurance .

Posted under Finances by BenedictSmythe on Thursday 4 September 2008 at 10:59 pm

How to Avoid Bankruptcy

Bankruptcy is a situation where you have drowned in debts. When you file for bankruptcy, credit report companies will report it and such will have adverse effects on your credit score. If you have a history of bankruptcy, chances are, you will not be able to get mortgages or other types of secured and unsecured loans. Bankruptcy histories will appear in your credit report for at least ten (10) years. As such, you ought to do everything to avoid bankruptcy.

Stick to Your Budget Plan

Make it a point to prepare a budget plan. Budget plans can be the most effective tool for personal finance management. Your budget should include all your expected expenses on a monthly basis. This plan should cover your rental fee or monthly house payment, all your utility bills, your car payment, your food expenses, your health insurance, your child’s tuition fee, and other pertinent bills that knock on your door on a monthly basis.

Once you have prepared a monthly budget plan, make sure you stick to it. Never succumb to impulse buying. Spend only for the things you need, not for those you want but are not in your list of expected expenses. Also, make it a point to include allowance for unforeseen events, which may demand cash. These include expenses for home repairs, medical emergencies, and the like.

When Buying Items, Always Shop Around

When you really need to buy something for yourself, make it a point to examine and exhaust all your choices before actually making a purchase. For example, you have decided that you need to buy a desktop computer for your child. You will have to shop around.

Before buying one, make sure that you have examined the prices, specifications and product packages of desktop computers in your local stores and over the Internet. Shopping around when buying items ensure that you will get the most reasonable prices for the finest products.

Examine Payment Options for Debts

In cases when you realize that you are on your way to bankruptcy, you should take immediate steps to take care of all your debts. List down all your debts and learn to evaluate which among them should be prioritized. Settle your essential debts first and then gradually take care of the rest.

In settling your debts, analyze your payment options. Contact the lender and ask how you can devise an effective payment plan. You can recommend loan agreement modifications, loan reinstatements, maturity date extensions, and a forbearance period.

Analyze Your Debt to Income Ratio

After you have analyzed all your payment options, you might as well consider computing for your debt to income ratio. This will not only determine your financial capability, this will also tell you if you need to take extra steps to earn extra income.

To compute for your debt to income ratio, list down all your expected monthly income such as your salary, your pension, and other possible financial sources. Then, list down all your expected expenses for every month. Include the details that you have listed in your budget plan, as well as the payments for your debts.

Once you come up with the final figures, realize that if your debt is higher than your income then you should consider getting a different job, getting a part-time job, or significantly reducing your expenses by cutting down on unessential monthly luxuries.

Real Claims and Consumer Credit Claims are a group of solicitors dedicated to miss sold loans and payment protection insurance .

Posted under Finances by BenedictSmythe on Thursday 4 September 2008 at 10:52 pm

Defining the Limits of Your Mortgage Capability

Getting your very own home is one of the most exciting activities that you may want to indulge in. However, people should seriously analyze and define the limits of their mortgage capability before they actually decide to buy a house of their own.

The General Guideline

According to real estate agents and experts, prospective homeowners are capable of getting and paying for a property that costs two hundred and fifty per cent (250%) of their annual income.

Following this guideline, a person who earns five thousand dollars ($5,000.00) every month can earn sixty thousand dollars ($600,000.00) a year. Therefore, he can eventually afford a house that costs as much as a hundred and fifty thousand dollars ($150,000.00).

However, this guideline is only a primary consideration. People should consider other factors before actually getting their own mortgage. Other than the general guideline, prospective homeowners should first consult their mortgage lenders.

The Lender’s Point-of-View

If you are a prospective homeowner, you should seriously consider the advice of your mortgage lender before choosing a home. Basically, the lender applies real estate formulas in computing for your mortgage capability.

Front-End Ratio

The front-end ratio refers to the percentage of your annual gross income that you can dedicate for your monthly house payment. This will be based on the PITI (Principal, Interest, Taxes, and Insurance) and your monthly income.

Note that mortgage payment is composed of four factors: The principal amount of the house, the interest rate, the taxes, and the house insurance. In general, if the PITI will not exceed twenty eight per cent (28%) of your annual gross income, then you will not be house poor. However, some mortgage lenders will still consider a PITI rate of thirty (30%) or forty per cent (40%).

Back-End Ratio

This is another name for your debt-to-income ratio. This means that your lender will examine your monthly gross income in relation to your debts, which appear in your actual credit report. Debts that will be taken into account are your credit card payments, utility expenses, outstanding loans, child support, and your prospective mortgage.

The general rule is that your debt payments should not exceed thirty six per cent (36%) of your monthly gross income. To simply calculate for this ratio, you will have to multiply your monthly gross income by 0.36. That means that if you earn five thousand dollars ($5,000.00) a month, your debt payments should not exceed one thousand eight hundred dollars ($1,800.00).

Down Payment

For every home that you are planning to purchase, you will have to prepare a down payment first. The usual rate for the down payment is between twenty (20%) and thirty per cent (30%) of the actual price of the home.

The higher the down payment that you can provide, the lower the house insurance fees become. Also, the amount of the down payment will eventually affect your front-end and back-end ratios because it affects the monthly house payment that you are going to make.

Basically, the greater the amount of down payment that you can provide, the more credit-worthy you become. As such, you can get more expensive homes and lesser interest rates for mortgages. However, if you have a very high credit score, some mortgage lenders will actually offer you one hundred per cent (100%) financing mortgage. This means that you will not have to prepare for down payments.

Real Claims and Consumer Credit Claims are a group of solicitors dedicated to miss sold loans and payment protection insurance .

Posted under Finances by BenedictSmythe on Thursday 4 September 2008 at 10:44 pm

McCain: ‘Change is coming’

Excerpts from John McCain’s remarks tonight to the Republican National Convention in St. Paul, Minn.
Posted under Featured News by carhub on Thursday 4 September 2008 at 10:39 pm

Poll: Democratic bounce gone, race tied

John McCain has drawn even with his Democratic opponent for the first time in a new CBS poll.
Posted under Featured News by carhub on Thursday 4 September 2008 at 10:27 pm

Kwame’s Swan Song Could Be a New Tune

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So it's come to this Detroit, which you always knew it would.

Your city's leader, who was billed early on as the "hip hop mayor" has finally taken a bow after being part of a City Hall scandal that amounts to the Motor City equivalent of Watergate. If there was a time for finger pointing, it has passed. If slick political moves could have been made to save face, those opportunities are as distant a memory as Edgewater Park .

Motown, you are now forced to do something you have not been forced to do in generations: face yourself butt naked. And that won't be easy, but it's the only way to heal a wound ripped right up the middle of Woodward Ave from Jefferson to 8 Mile.

In short: Detroit, you've dropped a log. It's time to wipe your behind...



Some, actually many, people were waiting to see Kwame Kilpatrick crash and burn following the debacle stemming from a whistleblower lawsuit, which evolved into a legal nightmare and political scandal which resulted from his lying under oath about his adulterous relationship with Chief of Staff Christine Beatty. Everyone called him every name in the book, people bitched and moaned about him being in office, others bitched and moaned about him being forced out of office.

But now that this chapter of the book has closed, another opens and it is a very trecherous one to read. Kilpatrick's behavior is not unique in City Hall. Corruption has plagued Detroit's city government for the better part of the last century. Kickbacks and cronyism reach back in that town to the days of the Purple Gang, prohibition and Albert E. Cobo. It has been constant, and the people who paid for it have always been the working folks who just wanted to put food on the table and clothes on their kids' backs.


This thing, however, is the toughest hill the city's had to climb since the 1967 riot. That was also as much a political mess as it was a physical mess. It left Detroit devastated, changed its demographic structure and opened the door to a new generation of the same crap which, with the help of the city's megachurch culture, became entrenched in Detroit's political foundation.

In short, like many other urban areas, bullshit was the way lots of things got done. Why am I saying this? Because I grew up there watching it happen. Nothing that is wrong with Detroit today is Kilpatrick's fault. He just inherited it, then got caught up in the sweet scent of power, and she's one sexy bitch.

Really, this is just the tip of the iceberg. With the retirement announcement of police chief Ella Bully-Cummings, the door to an outhouse is about to be opened where the FBI (which rarely investigates local political problems) is going to uncover a heap of manure beginning with her role in the firing of one of the cops, which started the whole scandal.

After that, the city council will have to deal with a third of its members falling under FBI investigation as well because of the approval of a $47 million sludge hauling contract with a Houston-based firm. Four members are facing allegations of taking money to approve the deal.

Look, corruption is not unique to Detroit, or to black people as the sentencing of people like Jack Abramoff or the scandal-wraught resignation of ex-New York Gov. Eliot Spitzer will prove. But from Detroit to Zimbabwe, everywhere black communities are plagued with corrupt politicians, the people suffer because elected or appointed officials abuse their power over a people who have been socialized to naively think government is their friend.

Please, if you look at the Detroit Public Schools alone, you'll find a correlation between bureaucracy bolstered by corrupt and/or incompetent leadership and severe high school dropout rates .

At the end of the day, and this isn't a Republican thing because they don't really believe this particularly when it comes to black folk, putting a leash on government and leaving people to make their own damn decisions instead of having to fight city hall tooth and nail actually grows communities.

Detroit, it's high time you changed from a community of people beholden to politicians who are arrogant enough to believe that the citizenry should worship them, to a free society of people who do and think what they want.

Ancient Rome failed because everyone either wanted to be a potentate or the Pope. Ken Cockrel, who will assume the mayor's duties after Kilpatrick's resignation becomes official, has the opportunity to show Detroit and the rest of the world that he's not Caesar and neither should anyone else be.

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SPONSORED BY: BOLD MOVES: THE FUTURE OF FORD Step behind the curtain at Ford Motor. Experience the documentary first-hand.

Posted under Featured News by carhub on Thursday 4 September 2008 at 10:00 pm

Obama’s Palin strategy: Sit and wait

Obama will largely keep focus on McCain, not Palin. See also: Axelrod jabs Palin
Posted under Featured News by carhub on Thursday 4 September 2008 at 9:55 pm

5 things to watch out for tonight

McCain is the one at the top of the ticket, but as a speaker — as a story — he’s no Sarah Palin. See also: McCain excerpts and Politico Lens
Posted under Featured News by carhub on Thursday 4 September 2008 at 9:52 pm

Living Down to Expectations

The swift rise and predicted fall of America's hip-hop mayor.
Posted under Featured News by carhub on Thursday 4 September 2008 at 9:11 pm

NFL Shorthand

The most concise NFL preview ever: 32 sentences on 32 teams.
Posted under Featured News by carhub on Thursday 4 September 2008 at 8:26 pm

Credit Card Fraud Hurts Businesses, Too

When we think of credit card fraud, we often think of individuals who have had their wallets or purses stolen and their credit cards used to finance unauthorized purchases. Or the victims of identity thieves who learn that they owe thousands of dollars in debts that they never incurred. But credit card fraud hurts merchants and businesses, too. And fraudsters are getting bolder every day.

Consider the case of Paul Thibodeau, the owner of Paul’s Outdoor Kitchens in Parrish, FL. He took a relay phone call that he assumed was being made on behalf of a deaf customer. The caller ordered thousands of dollars worth of kitchen materials. Though he listed his address as Fort Meyers, FL, he requested that the items be shipped to Athens, Greece. Thibodeau became suspicious when the caller gave him several credit card numbers, all of which were declined. Thibodeau’s suspicions were correct; his caller wasn’t deaf at all, but an identity thief who was giving out stolen credit card numbers. His plan was to convince Thibodeau to wire money to a fictitious shipping company. Then the thief would pocket the proceeds, and Thibodeau would be at a loss.

This situation was mirrored in the case of an Idaho florist who took an order for hundreds of single roses.

The caller wanted the roses shipped to an orphanage in Ghana. They, too, tried to convince the florist to wire money to their shipping company of choice. Unfortunately, the rose orders were filled before things fell apart. The florist was left with hundreds of unwanted roses and valuable lesson: never wire money and expect the customer to pay for the expense with their credit card. The card might not be legitimate. And if the actual owner of the account disputes the charges, businesses have to refund the money from their own account.

The groups responsible for credit card fraud are getting more slick and organized. Some have even likened their tactics to a sort of modern-day mafia. If you’re a business owner, what can you do to avoid losing both your money and your inventory?

First, go with your gut. Legitimate customers do sometimes max out their credit cards without realizing it. In that situation, they’d have to provide a second number to complete the transaction. But if they give you number after number, you should beware. There’s no telling who the numbers really belong to, and whether you’ll keep the money you make off of the sale. Report suspicious activity to your merchant services provider.

It’s also advisable to require the customer to provide their billing zip code. Thieves, especially international ones, might not have this information. Legitimate card holders will. Finally, never wire money to a shipping company on behalf of a credit card customer. There are other ways to help out with up-front shipping costs if necessary.

Identity thieves who commit credit card fraud aren’t just victimizing card holders. Money lost due to fraudulent purchases can be reimbursed by the victim’s bank or card issuer. But businesses that face charge reversals after a sale has been made lose money and stock. The Better Business Bureau advises business owners and employees to beware any deal that sounds a bit shady.

This article is courtesy of CreditorWeb.com, where you can compare business credit card offers and apply for credit cards online.

Posted under Finances by JannaWeiss on Thursday 4 September 2008 at 8:13 pm

How Palin changed the race

In the space of one 36-minute speech by Palin, McCain proved that his choice was not a lapse into insanity.
Posted under Featured News by carhub on Thursday 4 September 2008 at 8:13 pm

Credit Legal Repair - What is Bad Credit?

Something that is bad is seen as inconsequential and incomplete. When you have “bad credit” people may look at you differently and see the term as defining who you are. When a lot of people know about your poor credit rating it is like holding up a sign in front of you that says “Bad Credit Risk”

It is not the end of the world if you have bad credit. There are different ways out of this bad situation. If bad credit has you stressed out then you need a way out of your situation. To get rid of your stress, improving your credit will improve your state of mind. To put it simply, bad credit is exceeding your expenses when it comes to your credit. You will have to fight hard in order to get back a good credit standing and good credit score.

What exactly is bad credit? Bad credit is determined by your credit or FICO score. Most financial institutions will define you by your credit score. The formula for the score is very closely guarded and it is a product of the Fair Issac Company. The heavily guarded formula lies in the hands of the Federal Trade Commission and affects the scores of ninety million Americans.

FICO does a holistic assessment of a person’s credit history and that individual is given a three digit number that reflects their credit worthiness. That number determines if the person has the ability to repay a loan if they took one out. It is not a reflection of who the person is as an individual but instead shows a person’s history of payments and liabilities.

If your FICO score is less than six hundred and twenty five points than that is considered having a bad credit rating. The average credit score for the typical American is seven hundred and twenty three. If you have a credit score that is lower than six hundred twenty five than you will most likely be denied a loan. If you have a low credit score than this indicates to the bank or lender that you are unable to pay your debts.

It is not the end of the world if you have bad credit. It is important to be concerned about credit but a number of credit repair options are available to everyone. If you decide to fix your credit than you have to work hard to make that happen. From the time you realize that you have bad credit, begin working on different ways to fix it.

One of the first steps you can take is to seriously work on paying off any outstanding bills and stop using credit right away. Sit down and calmly speak to your creditors about what you owe them and work out a repayment plan that you can live with. Besides speaking to your creditors, there are other ways to fix bad credit and improve your credit score.

Consider credit repair kits. These kits come in the form of books, software and kits designed to help you get a handle on your bad credit. You can improve your credit if you sincerely want to fix it.

Get free professional credit repair as well as detailed insights into consumer credit debt consolidation when you visit http://www.creditlegalrepair.com , the top resources on debt repair and management.

Posted under Finances by DanaB. on Thursday 4 September 2008 at 7:59 pm

Sketcher Shoes: A Broad Overview of Their Characteristics

Sketcher shoes are made for the youth market - they’re essentially a popular brand of casual shoe created for everyday wear. Their designs are targeted toward teens and tweens along with their marketing. But, how do these shoes hold up? Will they last until your kids outgrow them? For the answers to these questions and more, keep reading for a full review of Sketcher brand shoes.

Price Point for Sketchers

Sketcher shoes are reasonably priced, though somewhat more expensive than many youth-oriented brands. You can expect to pay between $30 and $60 for a pair of Sketchers. While that may seem like a deal for an adult shoe buyer, it can be a lot to pay for a pair of shoes your child will soon grow out of.

Sketchers’ Fit and Comfort Level

Sketchers are essentially casual sneakers, meaning they’re generally fairly comfortable. The models are designed for everyday wear and made for teens who tend to wear out their shoes quickly. That said, the majority of Sketchers aren’t appropriate for gym class or extensive athletic activity. Instead, opt for a shoe with better insole support.

Though Sketcher does make adult-size shoes for both men and women, the company’s target market are young buyers. That means older consumers may find the shoes narrow and somewhat small fitting. This is because they’re designed for smaller, younger feet.

Brand Durability and Quality

Again, most Sketchers are made for kids - that means they’re made to take a beating and survive a good length of time. Overall, you can expect their sneakers to last at least until your kids outgrow them or the end of the school year. Basically, they do the job.

If you’re an adult buying Sketchers, you may want to look for a brand that’s focused less on zippy styles and more on comfort and durability. The shoes are great for kids, but typically not up to scratch for the adult wearer.

Sketchers’ Fashion and Style

Sketchers are made for kids - the designs are young, fresh and cool, but also age-appropriate. With their funky patterns, trademark stripes and bright bold colors, they’re perfect for younger shoe buyers.

However, they’re not the best choice for the adult buyer. Just because Sketchers makes shoes in adult sizes that doesn’t mean that you should wear them. Most of their shoes are targeted toward teens and tweens, meaning moms and dads should probably stay away and choose a shoe better suited for their age group.

Conclusion

Overall, Sketcher shoes are a good kid’s shoes. They usually last until your kids outgrow them and are reasonably priced. A nice features is that kids typically love the shoes and will enjoy showing them off to friends.

However, they’re not a “grown up” shoe. That is, the style and quality just aren’t there, particularly when compared to other similarly priced brands. More often than not, adults will find shoe other brands and styles that are more accommodating to their fashion needs and interests.

For great information on shoe style options, see shoestyletips.com, a popular site about footwear recommendations, such as a women’s Dansko shoes , side zip boots for men , and many more!

Posted under Opinions by TrevorPrice on Thursday 4 September 2008 at 7:29 pm

Busted Brand

The lily-white show in St. Paul spells trouble for the future of the GOP.
Posted under Featured News by carhub on Thursday 4 September 2008 at 6:58 pm

A Room of Our Own

At the Museum of Fine Arts, Houston, quiet self-exploration turns to high art.
Posted under Featured News by carhub on Thursday 4 September 2008 at 4:58 pm

Understanding Credit Card Debt Settlement

If you have decided it’s time to get out of your credit card debt, understand there are pros and cons to doing this. Debt settlement is one way you can get out of debt pretty quickly and start mending your finances.

Maybe you are not too familiar with credit card debt settlement and its benefits or risks. I will let you in on the basics to get you understanding what happens when you settle those credit card debts.

I think the best place to start is with your finances. You really need to take a look at your personal finances to see if credit card debt settlement is the right plan for you to follow. This won’t work for everyone who has problems with their credit.

Whatever company you choose to work with is going to take a look at your source of income. Typically, they will want to know exactly what your expenses are. I always find it best to work on a budget. It will help you to understand where your money is going, what you need and what you can cut out.

It is hard sometimes to take a look at our spending. Of course it’s fun in the moment but when you take a look at what is necessary it makes you focus on where your money is going.

Some people are not very comfortable with a company taking serious look into their financial situation. Yet, the goal of a debt settlement company is to help you create a workable plan that will negotiate your accounts down. They will work with your creditors to try and lower the amount you owe, in return the debt will be completely settled. The payment will most likely be required to be paid in full, but sometimes creditors might give you a few payments.

Most creditors will consider settling the debts when your finances show it is necessary to negotiate. This is why it is important you are upfront and honest with the company you work with, and you allow them full access to your finances. Now if your finances show that you are able to make payments and do not need to have your balance lowered, then a debt settlement company might not be right for you.

The first contact with your credit card companies might be a little complicated. Some credit companies have made it pretty difficult for the average person to just get in touch with them and try to negotiate their balances down. Although creditors seem to be willing to work with the idea of debt settlement, because in the long run this will cost them less money than if you were to file bankruptcy.

A reputable debt settlement company is always the key to working with your creditors. You can try and do it on your own, but it might be more successful if you have a company doing the negotiations on your behalf. A professional company comes with experience and knows how to deal with creditors on their level. This will cost you some initial fees, but it will help you to reach your goal of becoming debt-free.

Credit card debt is becoming quite common for the average American. As quick as it is to fall into debt, the journey to get out requires some time. Keep focused, be honest and tighten up your spending. The internet is a great resource for finding financial tips, ways to create a budget and most importantly to research debt settlement companies. Most of them will be able to start working with you that very day!

Christina Costa, a freelance writer, recommends eQuoteGrabber.com for debt relief where you can receive help with all of your personal debt settlement needs in seconds! Visit http://www.eQuoteGrabber.com

Posted under Finances by ChristinaCosta on Thursday 4 September 2008 at 4:44 pm

Rove lays out McCain’s biggest challenge

The most important thing for tonight's speech, Rove says: Show a comfort with the kitchen-table issues.
Posted under Featured News by carhub on Thursday 4 September 2008 at 4:31 pm

Importance of Auto Insurance Quote Comparison

Everyone who drives needs auto insurance and they need the right kind of auto insurance, which is the part that can be somewhat tricky when shopping for it. Many insurance companies offer a tool on their websites that allow an individual to fill out basic information about themselves and their vehicle so that they can get a quote. The quote is not always 100% accurate, but it is accurate enough to help an individual make the best decision about which auto insurance is the best for them. But how does this simple number make such a difference? If it isn’t always accurate, that means there’s a possibility the insurance isn’t the best, right?

Effectiveness of the quote

Yes, it is true that the insurance quote is not 100% accurate. However, it is usually within 20% of the actual amount. If one company gives you the lowest quote of all of them that you have received, it is most likely true that the company providing that quote is going to be the most affordable. Even if it is wrong, the difference will more or less stay the same within a few percentage points. That’s what makes the quote such a wonderful tool.

But just because a quote is the lowest doesn’t mean it is the best auto insurance for you. You still have to compare the specifics of the plan that is being quoted to you. You have to make sure that the coverage is adequate, that the extras you require are part of the plan, and that the claim process is not too complicated. If the lowest quote does not have what you need, but the next lowest quote does, then the next lowest quote is more than likely going to be the best choice.

Basically, you have to take all of the quotes that you receive and do a side-by-side comparison. That’s the beauty of being able to receive an auto insurance quote. Without it, it is hard to make an informed decision regarding which insurance is the best insurance. Many people go ahead and purchase insurance plans without quotes. When they do, they could be spending hundreds or thousands more each year on their car insurance than what they have to. It can be a punishing feeling when this is discovered.

Obvious importance

So it cannot be argued how important the auto insurance quote really is. It can be the difference between spending too much money or having more money in your pocket. And just because it has the word “insurance” on the title doesn’t mean you have to sell a kidney to have it. There are plenty of people in the world today who pay the lowest price possible for their car insurance and they have adequate coverage. They either hit it lucky by finding the best insurance company right off the bat or they did their homework and made sure they found the right insurance company.

With this said, it cannot be stressed enough how important it is that you acquire auto insurance quotes before you decide to throw your money into one particular company. If you don’t, then you might find out years down the road that you have paid a company tens of thousands of dollars when it could have just been thousands. Over time it all adds up, so make sure you find the best deal available for you. You’ll be very happy that you did, especially when you realize you have more money in your pocket than what you would have had otherwise.

Ontario car insurance provider. Visit us for an auto insurance quote.

Posted under Finances by AmyNut on Thursday 4 September 2008 at 4:13 pm

Sarah Palin belittles Obama’s experience

So Sarah Palin says a community organizer doesn't do anything. Let's not forget the Montgomery Bus Boycott was led by a community organizer by the name of Dr. Martin Luther King Jr.

Posted under Featured News by carhub on Thursday 4 September 2008 at 4:05 pm

Wasilla proud of Palin speech

Wasilla swelled with pride as they watched Gov. Palin's acceptance speech. See also: Media swoons
Posted under Featured News by carhub on Thursday 4 September 2008 at 4:04 pm

Detroit mayor Kwame Kilpatrick resigns

Kwame Kilpatrick

BREAKING NEWS -- Kwame Kilpatrick, the 28-year-old mayor of Detroit, officially resigned today as part of a plea deal in an obstruction of justice case.

Posted under Featured News by carhub on Thursday 4 September 2008 at 3:22 pm

Credit Repair and the Law

The Truth About Cr­edi­t

Credit reporting errors can be very frustrating. Wouldn’t it be nice if credit reports were completely accurate? Well, it is not going to happen. Here is a bit of shocking information from a credit repair legal expert that you should read.

Credit Report Errors are here to S­ta­y

The credit bureaus will never produce accurate credit reports. Does this shock you? You might be even more surprised to know that congress has acknowledged this fact and created legislation that virtually guarantees a continuation of credit reporting errors and the necessity for vigilant credit repair. Is that crazy? What am I talking about? Alas, it is true. This legislation is called the Fair Credit Reporting Act (FCRA). Now you are really surprised!

The FCRA Pro­b­l­em

You probably thought of the FCRA as the wonderful federal law that outlines credit repair procedures and allows you to dispute errors on your report. Or maybe you thought of it as the law that imposes responsibility and accountability on the credit bureaus, and, oh, where would we be without it? Okay, there is no doubt that the FCRA limits the potentially catastrophic damage that the credit bureaus would impose on an unwary public, but it also tolerates major errors, and by doing so guarantees that they will exist for the foreseeable future.

A Big Social Co­­st

The law is a wonderful thing. It protects the innocent and maintains a semblance of social order. But the scales of justice tip two ways, often insulating the offender in a cozy blanket of due process. In the case of the FCRA the law is designed to impose a reasonable degree of responsibility on the subject industry, without overburdening them with excessive and costly guidelines. And this last point turns out to be the problem, at least as far as the one hundred million consumers who are paying premium interest rates because of errors on their credit reports.

The Credit Repair Balancing Act

So what’s up with this? I understand that lawmakers face tough decisions. The credit bureaus are massive business entities, and guess what? We can’t exist without them. Well, maybe you could, but the business world is completely dependent, totally addicted to credit data. The credit bureaus each manage credit files on two hundred million Americans along with billions of data updates each day. Errors are inevitable. You can’t just tell them to adopt a zero-tolerance policy towards errors. It would cost too much and potentially make it impossible for the credit bureaus to stay in business.

What about Me?

So what about you and the errors on your reports? Congress is not unsympathetic, and wants you to facilitate your credit repair efforts and fix the mistakes that might keep you from getting a loan, or a job, or insurance. Oh, yeah. So they mandated the creation of Annualcreditreport.com, the website where you may get your credit reports for free once each twelve months. Have you checked your report lately?

The Plot Thi­cken­s

And so the plot thickens. It turns out that those darn credit reports, for most consumers, might as well be written in Greek. And even if you can make sense out of your report do you really know what you are looking at? Credit repair success requires some reasonable working knowledge of the FCRA and access to FTC Staff Opinion Letters that interpret the law in practical application. You would also be well advised to bone up on the Fair Debt Collection Practices Act. And, oh yeah, make sure you know your state Statutes of Limitation. Credit repair is tricky. Phew.

Credit Repair is here to S­tay

So, who is looking out for you? You are that’s who. You can’t count on Big Brother. He may be watching, but he’s not going to make sure that your credit report is okay. It’s time to step up to the plate. If you can’t manage the job on your own there are a growing number of excellent credit repair companies that can handle the job for a smallish fee. Credit repair is a growth industry so you will have to do a bit of homework to identify a truly professional operation.

Professional Credit Repai­r

If you are going to hire a credit repair service, hire a good one. There are a few things to look out for. It is not legal for credit repair companies to charge a lump sum in advance. A legitimate fee structure would include a setup fee followed by a monthly fee charged at the end of each month of service. You should also check their record with the Better Business Bureau. And personally, I suggest that you pick up the phone and interview two or three before deciding.

Copyright ? 2008 Ian Webber. All Content. All Rights Reserved.

Ian Webber is a financial consultant and expert in consumer law and credit repair . Ian is a graduate of the London School of Economics and The University of Chicago where he earned his LLM, Master of Laws. Ian consults with one of the leading online credit repair services and is currently based in Florida.

Posted under Finances by IanWebber on Thursday 4 September 2008 at 3:01 pm

Is America really ready for a black president?

If Barack Obama, with his pedigree, were a white man, he would coast to a landslide victory in November, regardless of his running mate, or John McCain's.

Posted under Featured News by carhub on Thursday 4 September 2008 at 2:10 pm

The Hip-Hop Republicans Are Just Like You

Filed under: , ,

Did you ever think you'd see the day when Hip Hop was synonymous with the Republican Party? Well, for one group the two go hand in hand.

Claudio Simpkins of the Hip Hop Republicans has a simple message; one that he wants to share with BV readers. He says that if you haven't heard, and just to let you know, his group consists of young black republicans who want you to know they are just as "down" for black folk as liberals. Their only difference is that they hold conservative views on certain issues.

Mr. Simpkins took some time to speak with Black Voice about his life a young black conservative. Here's what he had to say:

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SPONSORED BY: BOLD MOVES: THE FUTURE OF FORD Step behind the curtain at Ford Motor. Experience the documentary first-hand.

Posted under Featured News by carhub on Thursday 4 September 2008 at 2:07 pm

Avoiding Foreclosure - What Are the Alternatives

In these economic times the percentage of foreclosures in America is on the rise. The homeowner who is facing foreclosure of their primary residence has several options in an attempt to avoid foreclosure. They can negotiate with the lender in an attempt to refinance the loan, get a short sale approved or deed the residence back to the lender in lieu of foreclosure. If the lender is unwilling to negotiate with the homeowner or their representative then there are options of filing a Chapter 13 bankruptcy or a reverse mortgage if the property in jeopardy is an investment property. Even with all of these options at the disposal of the homeowner there still must be a determination by the homeowner of if they indeed wish to save the home from foreclosure or to just allow it to be foreclosed on.Once foreclosure becomes evident, first and foremost the homeowner must make the determination if they in fact want to try to keep the home, if they are financially able to save the home or if it would be more feasible to allow the home to go into foreclosure. Most homeowners attempt to avoid foreclosure due to the misconception that they will save their credit rating if their home is not foreclosed on. Unfortunately this is not correct. Once the homeowner has missed four continuance payments on the mortgage their credit report will already reflect in a negative manner equal to a foreclosure. If the homeowner’s only reasoning for saving the home is to save their credit rating they are already hindered. Most homeowners want to save their home because they need a place to live and need assistance to get out of a situation which millions of American have gotten themselves into.

If the homeowner wants to avoid foreclosure and it is not too late in the process, the auctioneer is not at the front door, then the homeowner can open a line of negotiations with the lender in an attempt to refinance the existing loan. The lender will look at the homeowner’s credit rating at the time of the negotiations – are there any other bills outstanding, are they in any other financial distress – and if there is equity in the home (approximately 25-30%). In addition the lender will look to the amount of time the homeowner has gone without making a mortgage payment. Sometimes the refinancing will be as simple as moving from an ARM loan to a fixed mortgage rate or if there is a FHA loan involved the homeowner could qualify for a partial claim. A partial claim is when the loan is brought current and a lien is placed on the property for the outstanding amount owed until the property is sold or refinanced. Normally, with most negotiations a forbearance agreement is used by the lender in which the homeowner is allowed to delay or reduce payments for a short period of time with the understanding that another option will be used at the close of the time to bring your account to a current status. It is a temporary cease of any and all legal action against the homeowner until a plan of action is determined. This step of refinancing to avoid foreclosure must be used early on in the process. The homeowner must move quickly once a Notice of Default is initiated.

If the homeowner has made the determination that they will not be able to keep the property there are a couple of options that they can attempt to negotiation with the lender. The first is a short sale. A short sale is when the homeowner’s property has been de-valued below the mortgage leaving a shortage between what the current market value of the property and the present mortgage on the property held by the lender. With the lenders agreement the homeowner can sell the property for the fair market value and the deficiency in the mortgage is then considered unsecured. At this junction, the lender can either go after the homeowner for the rest of the unsecured debt through either filing suit themselves or selling the note to another to collect the debt for them. The lender could also forgive the debt altogether. When the debt is forgiven the homeowner is taxed on the amount forgiven as the amount is considered income to the homeowner. The recently passed 2007 Mortgage Forgiveness Debt Relief Act provides non-recognition of the income, which would otherwise be includable. Of course the forgiveness of the shortage of the mortgage is up to the lender. If the lender refuses to forgive the shortage the homeowner has the option to have the short sale of the home and then file a Chapter 7 bankruptcy which would discharge all outstanding debt that the homeowner has including the shortage on the mortgage which had become an unsecured debt upon the short sale.

Another option for the homeowner if they are not going to keep the home is a deed in lieu of foreclosure. The lender again must approve this process and in which the homeowner basically deeds the home over to the lender in satisfaction for the loan in full. In this situation the homeowner will not have the shortage as described in the short sale however the lender will now own the property. This is sometimes a more difficult negotiation for the homeowner to the lender. The key to this in the negotiation is to relate to the lender the expense they are saving from going through the foreclosure against the fact that the property could be sold in the near future. Unfortunately a deed in lieu of a foreclosure can only be perfected when there is no second or junior lien holder on the property.

Unfortunately, in most circumstances the homeowner has waited too long and the time for negotiation is long past when they walk through the attorney’s door for help. In most cases the homeowner has already received the Notice of Default, several demanding letters and the letter that foreclosure is eminent. In this situation the homeowner who wants to keep their property or at least get some breathing room in order to decide what to do has the option of filing a Chapter 13 bankruptcy in order to avoid foreclosure. The Chapter 13 gives immediate protection in the form of an automatic stay. An automatic stay stops all foreclosure processing immediately upon the filing of the Chapter 13. The homeowner will then have an opportunity to make a repayment plan with the lender in which the lender would receive 100% of the missed payments over 36-60 months. Of course the debtor must stay current with all mortgage obligations at the same time as paying back the default. In addition the Chapter 13 will allow the debtor to look at their entire financial situation and any unsecured debt that they have such as credit cards, medical bills, judgments or personal loans can be repaid at a small percentage of the total amount owed within that same 36-60 month pay back period. This would allow the debtor to have more disposable income. Depending on the type of property being foreclosed on and the debtor’s situation, a Chapter 13 bankrup